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(영문) 부산고등법원 2018.05.23 2017노730
상해치사
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (four years of imprisonment) is too unreasonable.

2. The Defendant has no record of criminal punishment except for the crime of violating the Traffic Act on the road, which was punished once by a fine, and shows an attitude against the Defendant, recognizing the instant crime.

The defendant seems to have committed the crime of this case in a contingent manner while making a verbal dispute with the victim, and the victim immediately reported it to the police and requested assistance.

As children between the defendant and the victim have used the defendant, they do not punish the defendant, and want to do so.

The family members and many of the people want to take the defendant's wife against the defendant.

It seems that the victim's mother and the omission made efforts to recover the damage, and the court deposited KRW 30 million in order to foster the victim's mother.

However, the crime of this case was committed by the defendant while making a dispute with the victim's wife, and the head of the victim suffers from frying his hair by putting the victim's head debt, taking the chest's chest and making his face several times due to drinking, and causing injury to the victim, such as diversing the head of the victim's hair in front of the bones, and causing the victim's death due to flaging the heart and cardiopulmonary blood transfusion, and resulting in the victim's death due to such an injury, which is extremely serious, as it is not good that the crime was committed.

In the case of the breath of alcohol, the defendant was frequently challenged with the victim, and in 2016, the victim was suspected of being under the influence of alcohol and assaulted the victim and damaged the property, thereby receiving family protective disposition.

The mother and omission of the victim are trying to punish the defendant by disclosing the position that the victim does not intend to agree, or in addition, does not consent to the disclosure of personal information for deposit.

The above deposit is issued by the defendant regardless of the will of the victim's mother.

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